Polarized electorate, mail-in ballots could spark post-election legal ‘fight of our lives’

By Tom Hals

WILMINGTON, Del (Reuters) – U.S. Election Day on Tuesday has all the ingredients for a drawn-out court battle over its outcome: a highly polarized electorate, a record number of mail-in ballots and some Supreme Court justices who appear ready to step in if there is a closely contested presidential race.

The only missing element that would send both sides to the courthouse would be a razor-thin result in a battleground state.

“If it comes down to Pennsylvania and Florida I think we’ll be in the legal fight of our lives,” said Jessica Levinson, who teaches election law at Loyola Law School in Los Angeles.

Election disputes are not unusual but they are generally confined to local or statewide races, say election law experts.

This year, in the months leading up to the Nov. 3 showdown between Republican President Donald Trump and his Democratic challenger Joe Biden, the coronavirus pandemic fueled hundreds of legal challenges over everything from witness signatures, U.S. mail postmarks and the use of drop boxes for ballots.

“As soon as the election is over,” Trump told reporters on Sunday, “we’re going in with our lawyers.”

Two court rulings on deadlines for counting mail-in ballots have increased the likelihood of post-election court battles in the event of close outcomes in Pennsylvania and another crucial state, Minnesota, the experts said.

The 8th U.S. Circuit Court of Appeals ruled on Oct. 29 that Minnesota’s plan to extend the deadline for counting mail-in ballots was an unconstitutional maneuver by Minnesota Secretary of State Steve Simon, a Democrat.

Minnesota officials were instructed to “segregate” absentee ballots received after Nov. 3.

Simon has said officials will not appeal to the U.S. Supreme Court, but further litigation in the lower courts will determine whether those ballots will be counted.

Meanwhile, on Oct. 28, the U.S. Supreme Court let stand a ruling by Pennsylvania’s top court that allowed officials to count mail-in ballots that are postmarked by Election Day and received up to three days later.

The justices said there was not enough time to review the state court ruling. As in Minnesota, Pennsylvania officials will segregate those ballots, teeing up a potential court battle in the event of a close election.

If any post-election battles are heard by the Supreme Court, it will have a 6-3 conservative majority after Trump-appointed Amy Coney Barrett was confirmed on Oct. 26. Three of the justices were appointed by Trump.

The president said in September that he wanted his nominee confirmed because the election “will end up in the Supreme Court and I think it’s very important that we have nine justices.”

Election law specialists said the likelihood of the Supreme Court deciding the next president would require an outcome amounting to a tie in a state that would tip the election to one candidate or the other.

“Some of the president’s statements suggest he thinks the Supreme Court would simply be asked to decide who won the election,” said Adav Noti, senior director of trial litigation at Campaign Legal Center. “That’s not how election litigation works.”

Only one presidential election has been decided in the courts in the past 140 years. In 2000, Republican George W. Bush defeated Al Gore, a Democrat, who conceded after losing a decision at the U.S. Supreme Court over a recount in Florida.

Elections are governed by state laws and disputes generally play out in state courts where campaigns fight over recounts and the validity of voter registrations.

But in recent decisions, a minority of conservative Supreme Court justices appear to be setting the stage to aggressively review state courts when they are interpreting their own state’s constitutional voting protections.

On Oct. 26, the court kept in place Wisconsin’s policy requiring mail-in ballots to arrive by Election Day. Conservative Justice Brett Kavanaugh, a Trump appointee, wrote in an opinion accompanying the court’s action that “under the U.S. Constitution, the state courts do not have a blank check to rewrite state election laws for federal elections.”

Some scholars said the recent language could encourage campaigns to take an election challenge to the Supreme Court.

“It’s an invitation to challenge anything done to administer an election in a state that isn’t jot or tittle with what the legislature said to do,” Joshua Geltzer, executive director of Georgetown Law’s Institute for Constitutional Advocacy & Protection. “And that’s virtually everything.”

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Daniel Wallis)

Europe’s COVID curbs prompt pushback amid bleak countdown to Christmas

By Guy Faulconbridge and Richard Lough

LONDON/PARIS (Reuters) – A wave of COVID lockdowns and curbs has stirred resistance across Europe, with the right-wing British politician who helped force a referendum on Brexit harnessing popular anger at a new lockdown by recasting his Brexit Party under a new banner.

The United Kingdom, which has the highest official death toll in Europe from COVID-19, is grappling with more than 20,000 new coronavirus cases a day and scientists have warned the “worst-case” scenario of 80,000 dead could be exceeded.

Cast by his supporters as the godfather of the movement to quit the European Union, Brexit Party founder Nigel Farage said Johnson had terrified Britons into submission with a second lockdown.

“The single most pressing issue is the government’s woeful response to coronavirus,” Farage and Brexit Party chairman Richard Tice said in a joint article in the Daily Telegraph, announcing his Reform UK party.

“Ministers have lost touch with a nation divided between the terrified and the furious. The debate over how to respond to COVID is becoming even more toxic than that over Brexit.”

Instead of a lockdown, Farage proposed targeting those most at risk and said people should not be criminalized for trying to live normal lives such as meeting family for Christmas.

France, Germany, Italy, Britain, the Netherlands and other countries have announced second lockdowns or strict new curbs as infections surge.

Small shopkeepers in France have complained about being forced to close while supermarkets are allowed to sell “non-essential goods” such as shoes, clothes, beauty products and flowers because they also sell food.

CHRISTMAS CANCELLED?

Finance Minister Bruno Le Maire said on Monday French supermarkets would face the same limits on selling non-essential goods but shop owners were not allowed to challenge the lockdown, in place until at least Dec. 1.

“I am not optimistic that in just four weeks we will lower the number of new cases to the level announced by the president (5,000 new cases per day),” said epidemiologist Dominique Castigliola, director of research at the National Institute of Health and Medical Research.

“We will need more time. I don’t think we’ll be able to hold big family meals at Christmas. That seems very unlikely to me.”

German Chancellor Angela Merkel last week denounced populists who say the coronavirus is harmless as dangerous and irresponsible.

“Throughout the winter months, we will have to limit private contacts,” she told a news conference. “The light at the end of the tunnel is still quite a long way off.”

Police in the Spanish capital, Madrid, on Sunday raided 81 illegal parties, 18 drinking sessions known in Spain as “botellones,” and 10 bars which broke COVID-19 curbs.

Protests flared against new restrictions across Italy last week, with violence reported in Milan and Turin. Italy will tighten restrictions but is holding back from a lockdown, Prime Minister Giuseppe Conte said on Monday.

Italy’s daily tally of infections has increased 10-fold over the last month.

“It is a monumental debacle. The fact that Italy is in the same situation as other countries in Europe is no comfort to me,” virologist Andrea Crisanti told Reuters. “We had five months to strengthen our surveillance, tracking and prevention systems and instead we are heading towards a new lockdown.”

More than 46.37 million people have been infected globally and 1,198,168​ have died from the respiratory disease, according to a Reuters tally. The United States, which holds a presidential election on Tuesday, leads the world with more than 9 million cases and 230,700 deaths.

Iran, the Middle East country worst hit by COVID-19, reported a record 440 deaths in the past 24 hours.

World shares recovered from one-month lows as strengthening factory data in China and Europe offset news of lockdowns, while investors prepared for more volatility arising from the U.S. presidential election.

U.S. President Donald Trump has continually downplayed the virus, mocking Democratic challenger Joe Biden for wearing a mask and social distancing at campaign rallies, a tactic which enlivens his base supporters but infuriates his opponents.

Trump has also ridiculed his top coronavirus task force adviser, Anthony Fauci, who has contradicted Trump’s assertions that the U.S. fight against the virus is “rounding the turn”.

The United States reported 67,862 new cases on Sunday, the highest number it has reported on the last day of any week. The seven-day average hit 81,540, a new record, and has risen for 30 days in a row.

(Reporting by Reuters bureaux worldwide; Writing by Nick Macfie; Editing by Giles Elgood/Mark Heinrich)

Israeli minister says normalization deals need U.S. president tough on Iran

By Dan Williams

JERUSALEM (Reuters) – Saudi Arabia and Qatar are among countries slated to establish relations with Israel under a regional rapprochement launched by U.S. President Donald Trump, an Israeli official said on Monday.

Straying from Israel’s reticence about Tuesday’s U.S. election, Intelligence Minister Eli Cohen said implementing further normalization deals could depend on the next president displaying continued “resolve” against Iran.

Democratic presidential hopeful Joe Biden wants to rejoin the 2015 Iranian nuclear deal that the Republican incumbent quit, to the satisfaction of Israel and some Gulf Arabs.

Trump, who has played up his Middle East policy while campaigning, was asked last week which countries might follow the United Arab Emirates, Bahrain and Sudan in normalizing ties with Israel. “We have five definites,” he responded.

Cohen said Saudi Arabia, Oman, Qatar, Morocco and Niger were “on the agenda”.

“These are the five countries,” he told Ynet TV. “And if the Trump policy continues, we will be able to reach additional agreements.”

While not explicitly favoring either U.S. candidate, Cohen argued that Trump’s policy had prompted Arab and Muslim countries to seek accommodation with Israel.

If the next president “does not show resolve vis-a-vis Iran, then what will happen is that they will take their time, will not rush, will not choose a side,” Cohen said. “A concessionary policy will gets the peace deals stuck.”

Saudi Arabia, the Gulf powerhouse and Islam’s birthplace, quietly acquiesced to the UAE and Bahrain deals with Israel, signed on Sept. 15. But Riyadh has stopped short of endorsing them, and signaled it is not ready to follow suit.

The Saudis were the architects of a 2002 Israeli-Arab peace proposal that called for Israeli withdrawal from occupied land to make way for a Palestinian state.

Qatar, which has links to Iran and Hamas, has ruled out normalization before Palestinians achieve statehood.

(Writing by Dan Williams; Editing by Giles Elgood)

Israeli settlers pray for Trump re-election at biblical tomb

HEBRON, West Bank (Reuters) – Jewish settler leaders prayed on Monday for U.S. President Donald Trump’s re-election, citing his support for Israel, during a ceremony at a biblical tomb in the occupied West Bank that has been a flashpoint of conflict with the Palestinians.

“We have come to bless President Trump, both for the past, to thank him, but also for the future, that he succeeds in the coming election,” Yishai Fleisher, spokesman for the Hebron settlers, said at the Cave of the Patriarchs burial site.

One of those interred there, according to tradition, is Abraham, who is revered by Jews, Christians and Muslims. Hoping to encourage coexistence between Jews and Palestinians, the Trump administration has named the Israeli-Arab rapprochement that it has been brokering the “Abraham Accords”.

But Trump, a Republican running against Democratic former vice president Joe Biden in Tuesday’s election, has been shunned by Palestinians for perceived bias since he broke with global consensus by recognizing Jerusalem as the Israeli capital.

His administration has also softened U.S. disapproval of Israel’s settlements on land where the Palestinians want to establish a state, and which most world powers deem illegal.

A rabbi officiating at Monday’s ceremony prayed for God to secure Trump “four more years”, citing the president’s “commitment to the preservation and strengthening of the people of Israel, the state of Israel and the land of Israel”.

A Trump peace plan stirred some settler anger, however, by proposing that Palestinians get a state on 70% of the West Bank.

(Writing by Dan Williams; Editing by Gareth Jones)

With one day left, Trump and Biden search for last-minute support in key states

By Steve Holland and Trevor Hunnicutt

OPA-LOCKA, Fla./WILMINGTON, Del. (Reuters) – U.S. President Donald Trump hunts for support in four battleground states on Monday while Democratic rival Joe Biden focuses on Pennsylvania and Ohio during the final day of campaigning in their race for the White House.

The Republican Trump trails Biden in national opinion polls ahead of Tuesday’s Election Day. But the race in swing states is seen as close enough that Trump could still piece together the 270 votes needed to prevail in the state-by-state Electoral College that determines the winner.

Trump, aiming to avoid becoming the first incumbent president to lose re-election since fellow Republican George H.W. Bush in 1992, will hold five rallies on Monday in North Carolina, Pennsylvania, Wisconsin and Michigan.

He won those states in 2016 against Democrat Hillary Clinton, but polls show Biden is threatening to recapture all four for Democrats.

In a year that has seen much of American life upended by the coronavirus pandemic, early voting has surged to levels never before seen in U.S. elections. A record-setting 94 million early votes have been cast either in-person or by mail, according to the U.S. Elections Project, representing about 40% of all Americans who are legally eligible to vote.

Trump will wrap up his campaign in Grand Rapids, Michigan, the same place he concluded his 2016 presidential run with a post-midnight rally on Election Day.

Biden, running mate Kamala Harris and their spouses will spend most of Monday in Pennsylvania, splitting up to hit all four corners of a state that has become vital to the former vice president’s hopes.

Biden will rally union members and African-American voters in the Pittsburgh area before being joined for an evening drive-in rally in Pittsburgh by singer Lady Gaga.

He also will make a detour to bordering Ohio, spending time on his final campaign day in a state that was once considered a lock for Trump, who won it in 2016, but where polls now show a close contest.

Former President Barack Obama, whom Biden served as vice president for eight years, will hold a get-out-the-vote rally in Atlanta on Monday before closing out the campaign in the evening with a rally in Miami.

Biden has wrapped up the campaign on the offensive, traveling almost exclusively to states that Trump won in 2016 and criticizing the president’s response to the coronavirus pandemic, which has dominated the race.

Biden accuses Trump of giving up on fighting the pandemic, which has killed more than 230,000 Americans and cost millions of jobs. Polls show Americans trust Biden more than Trump to fight the virus.

During a frantic five-state swing on Sunday, Trump – who was impeached by the Democratic-led House of Representatives last December and acquitted by the Republican-controlled Senate in February – claimed he had momentum.

He promised an economic revival and imminent delivery of a vaccine to fight the pandemic.

Dr. Anthony Fauci, the top U.S. infectious diseases expert, has said the first doses of an effective coronavirus vaccine will likely become available to some high-risk Americans in late December or early January.

Trump, who has often disagreed with Fauci publicly, suggested early on Monday he might fire him as director of the National Institute of Allergy and Infectious Diseases after the election.

A ‘TERRIBLE THING’

Trump again questioned the integrity of the U.S. election, saying a vote count that stretched past Election Day would be a “terrible thing” and suggesting his lawyers might get involved.

Americans have already cast nearly 60 million mail-in ballots that could take days or weeks to be counted in some states – meaning a winner might not be declared in the hours after polls close on Tuesday night.

“I don’t think it’s fair that we have to wait for a long period of time after the election,” Trump told reporters. Some states, including battlegrounds Pennsylvania and Wisconsin, do not start processing mail-in votes until Election Day, slowing the process.

Trump has repeatedly said without evidence that mail-in votes are prone to fraud, although election experts say that is rare in U.S. elections. Mail voting is a long-standing feature of American elections, and about one in four ballots was cast that way in 2016.

Democrats have pushed mail-in voting as a safe way to cast a ballot in the coronavirus pandemic, while Trump and Republicans are counting on a big Election Day in-person turnout.

Both campaigns have created armies of lawyers in preparation for post-election litigation battles.

“We’re going in the night of – as soon as the election is over – we’re going in with our lawyers,” Trump told reporters without offering further explanation.

The attorneys general of Michigan and Pennsylvania, both Democrats, challenged Trump’s rhetoric on Twitter.

“The election ends when all the votes are counted. Not when the polls close,” Michigan Attorney General Dana Nessel wrote.

In a sign of how volatile the election could be, buildings for blocks around the White House were boarded up over the weekend. Federal authorities planned to extend the perimeter fencing around the White House to by several blocks, encompassing the same area fenced out during this summer’s protests against racism and police brutality, according to U.S. media.

To help ensure mail-in ballots are delivered in a timely fashion, a U.S. judge on Sunday ordered the U.S. Postal Service to remind senior managers they must follow its “extraordinary measures” policy and use its Express Mail Network to expedite ballots.

A federal judge in Texas on Monday will consider a Republican request to throw out about 127,000 votes already cast at drive-through voting sites in the Democratic-leaning Houston area.

The FBI, meanwhile, is investigating an incident in Texas when a pro-Trump convoy of vehicles surrounded a tour bus carrying Biden campaign staff. The caravan, which Trump praised, prompted the Biden campaign to cancel at least two of its Texas events, as Democrats accused the president of encouraging supporters to engage in acts of intimidation.

(Reporting by Steve Holland in Opa-Locka, Florida, and Trevor Hunnicutt in Wilmington, Delaware; Writing by John Whitesides; Editing by Scott Malone and Alistair Bell)

Ahead of U.S. poll, Trump ends a U.S. restriction applying to Israeli settlements

ARIEL, West Bank (Reuters) – The Trump administration lifted a decades-old ban on Wednesday that had prohibited U.S. taxpayer funding for Israeli scientific research conducted in Jewish settlements in occupied territory, drawing Palestinian condemnation.

With Tuesday’s U.S. election approaching, President Donald Trump’s move was praised by Israeli Prime Minister Benjamin Netanyahu and could resonate with evangelical Christian voters who support Israeli settlement in the West Bank.

The West Bank settlement of Ariel, the site of an Israeli university, was chosen as the venue for a ceremony opening a new avenue of U.S. scientific cooperation with Israeli researchers.

Palestinians, who seek the West Bank for a future state, said the move made Washington complicit in what they termed Israel’s illegal settlement enterprise.

In Ariel, Netanyahu and David Friedman, the U.S. ambassador to Israel, revised three agreements reached between 1972 and 1977, enabling researchers in settlements to apply for U.S. government funds. They also signed a new scientific and technology cooperation accord.

Under the now-lifted prohibition, research money for Israelis could not be distributed in areas such as the West Bank that Israel captured in the 1967 Middle East war. Most countries view permanent settlements on such land as a violation of the Geneva Conventions, though Israel disputes this.

“The Trump vision … opens Judea and Samaria to academic, commercial and scientific engagement with the United States,” Netanyahu said at the ceremony in Ariel, using biblical names for West Bank territory.

“This is an important victory against all those who seek to delegitimize everything Israeli beyond the 1967 lines.”

Friedman said $1.4 billion had been invested by three U.S.-Israeli research cooperation funds since 1972.

A spokesman for Palestinian President Mahmoud Abbas said lifting of the funding ban represented “American participation in the occupation of Palestinian lands.”

The Trump administration last year effectively backed Israel’s right to build West Bank settlements by abandoning a long-held U.S. position that they were “inconsistent with international law”.

At the ceremony, Netanyahu again praised Trump for his “successful approach to bringing peace to our region”, citing U.S.-brokered deals for diplomatic relations between Israel and several Arab states.

(Writing by Jeffrey Heller; Editing by Peter Graff)

Trump administration denies California request for more wildfire aid

By Nichola Groom

(Reuters) – The Trump administration has denied a request by California for additional wildfire recovery relief, saying the September blazes, part of the state’s record-setting fire year, were not severe enough.

“The early September fires were not of such severity and magnitude to exceed the combined capabilities of the state, affected local governments, voluntary agencies and other responding federal agencies,” Federal Emergency Management Agency spokeswoman Lizzie Litzow said in an emailed statement on Friday.

More than 4.1 million acres have burned in California this year, shattering a previous record.

President Donald Trump issued a major disaster declaration for some parts of the state in August. California Gov. Gavin Newsom sent him a request on Sept. 28 seeking another major disaster declaration for seven counties affected by fires that ignited earlier that month.

A major disaster declaration provides federal assistance for individuals, infrastructure and emergency and permanent work, according to FEMA’s web site.

“The more recent and separate California submission was not supported by the relevant data that States must provide for approval and the President concurred with the FEMA Administrator’s recommendation,” White House spokesman Judd Deere said in an email.

California officials were not immediately available for comment.

(Reporting by Nichola Groom; Editing by David Gregorio)

Strong retail sales boost optimism before U.S. election, but it may be short lived

By Jonnelle Marte

(Reuters) – In an ordinary presidential election, Friday’s retail sales report would have been a dream for an incumbent like Republican President Donald Trump. Headline sales topped expectations by a wide margin and spending was up from August in all but one of the major categories.

Still, this is no ordinary election. Despite the gains seen in September, spending in key sectors that suffered massive job losses during the pandemic, such as restaurants and clothing stores, remain deeply below last year’s levels.

The report from the Commerce Department offered a reminder that millions of Americans are still out of work, leaving them with less money to spend on dinners out or new outfits. Without a vaccine or effective treatment, many consumers also hesitate to head out to stores or restaurants where they may be exposed to the virus.

On the one hand, the retail report showed that overall retail spending is now above pre-pandemic levels. That is a sign that some people may have spent the $300 supplement the federal government temporarily added to unemployment benefits. Other people may have boosted spending after being called back to work.

If more people continue to see their finances improve, that could bode well for the economy and for the overall outlook people carry when they vote in the Nov. 3 election.

But some economists are also questioning whether the increase in spending seen in September will continue with virus infections rising, job growth stalling and government aid fading.

Enhanced unemployment benefits and direct cash payments distributed as part of the CARES Act made it possible for jobless Americans to boost spending and pad their savings. But much of those savings were spent in August after the supplement to unemployment benefits expired, according to a study released Friday by the JPMorgan Chase Institute.

The White House and Congress have yet to reach a deal on another package. Job growth is also slowing and the number of Americans filing new claims for jobless benefits reached a two-month high last week.

“The progress we’ve made, which has been better than expected, may be slowing,” said John Briggs, head of strategy for the Americas at NatWest Markets. “I don’t know how much it hurts Trump’s chances, but I don’t see how it can help him.”

(Reporting by Jonnelle Marte; Editing by Andrea Ricci)

Explainer: ‘Dueling electors’ pose risk of U.S. vote deadlock

By Tom Hals

(Reuters) – In the United States, a candidate becomes president by securing the most “electoral” votes rather than winning a majority of the national popular vote. Known as the Electoral College, the system allots electors to the 50 states and the District of Columbia largely based on their population.

It is theoretically possible for the governor and legislature, each representing a different political party, to submit two different election results, leading to so-called “dueling slates of electors.”

Below are details of how that might play out.

What are electors?

The U.S. president is selected by 538 electors, known as the Electoral College, with electors apportioned based on each state’s population. The popular vote in each state typically determines which candidate receives a state’s electoral votes.

The U.S. Constitution and the 1887 Electoral Count Act govern the counting of electoral votes and any related disputes. The electors will meet on Dec. 14 to cast votes, which are then counted by Congress on Jan. 6 in a process overseen by Vice President Mike Pence in his role as Senate president.

What are dueling electors?

States with close contests between Republican President Donald Trump and his Democratic rival Joe Biden could produce competing slates of electors, one certified by the governor and the other by the legislature.

The risk of this happening is heightened in the battleground states of Michigan, North Carolina, Pennsylvania and Wisconsin, which have Democratic governors and Republican-controlled legislatures.

Some election law experts are concerned that an unprecedented volume of mailed-in votes and legal challenges will delay the outcome of the election for weeks, creating an extended period of uncertainty.

Trump has repeatedly said the election is rigged and made unfounded attacks on mail-in voting, which tends to favor Democrats.

If early returns show a Trump lead, experts say the president could press Republican-controlled legislatures to appoint electors favorable to him, claiming the initial vote count reflects the true outcome.

Governors in those same states could end up backing a separate slate of electors pledged to Biden if the final count showed the Democratic candidate had won.

Both sets of electors would meet and vote on Dec. 14 and the competing results would be sent to Congress.

Which set of electors would prevail?

Both chambers of Congress could accept the same slate of electors, which would almost certainly put the matter to rest.

The chambers could also split, which is more likely if the Republicans retain control of the Senate and Democrats hold onto their House majority.

If lawmakers cannot agree on a set of electors, the country will find itself in uncharted territory.

The Electoral Count Act, often described by academics as “unintelligible,” seems to favor the slate of electors certified by the state’s governor, according to Ned Foley, a professor at Ohio State University Moritz College of Law.

But Foley notes that some scholars and an analysis by the Congressional Research Service have rejected that conclusion.

Academics have sketched out several scenarios. Under one, Pence as president of the Senate could throw out both sets of a state’s electors. Another contemplates that the House of Representatives would end up choosing between Biden and Trump. There is even a scenario in which the Speaker of the House, currently Democrat Nancy Pelosi, could become acting president.

Would the U.S. Supreme Court get involved?

The Supreme Court may be called upon to interpret the Electoral College Act to break any deadlock.

A Supreme Court ruling helped resolve the 2000 election in favor of George Bush over Al Gore, but that case was about a recount in Florida and the decision was reached before electors met to cast their votes.

“I think there will be legal challenges,” said Jessica Levinson, director of Loyola Law School’s Public Service Institute. “But I could see a court saying this would really be better left up to Congress.”

Has this happened before?

In 1876, dueling electors in three states were deadlocked until a deal was brokered days before Inauguration Day.

The dispute was resolved after Republican Rutherford B. Hayes became president in exchange for withdrawing U.S. troops left over from the Civil War from Southern states.

“I hope it’s a very low probability event but 1876 is a reminder that it is not zero and we have come very close to falling over that cliff in our history,” Foley said.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Aurora Ellis)

Q&A: Where are we in the COVID-19 vaccine race?

By Carl O’Donnell

NEW YORK (Reuters) – Drugmakers and research centers around the world are working on COVID-19 vaccines, with large global trials of several of the candidates involving tens of thousands of participants well underway.

As some companies close in on unveiling their initial findings – with Canadian and European regulators already reviewing early data on some vaccines – the following is what we know about the race to deliver vaccines to help end the coronavirus pandemic that has claimed over a million lives:

Who is furthest along?

U.S. drugmaker Pfizer Inc with German partner BioNTech SE, U.S. biotech Moderna Inc and Britain-based AstraZeneca Plc in conjunction with University of Oxford researchers could provide early analyses of data from their various large trials as early as October or November. Johnson & Johnson is a bit further behind.

What happens in these trials?

The companies are testing their vaccines against a placebo – typically saline solution – in healthy volunteers to see if the rate of COVID-19 infection among those who got the vaccine is significantly lower than in those who received the dummy shot. Neither trial participants nor researchers know who has received the vaccine or placebo until the data is ready for review, or unblinded. The studies rely on subjects becoming naturally infected with COVID-19, so how long it takes to generate results largely depends on how pervasive the virus is where the trials are being conducted. In areas with large outbreaks and community spread, infections will pile up faster.

How will we know if the vaccine works?

The United States, the European Union, the United Kingdom and the World Health Organization have all set similar minimum standards for effectiveness. Vaccines must demonstrate at least 50% efficacy – meaning at least twice as many infections among volunteers who got a placebo as among those in the vaccine group. Independent panels oversee the trials to monitor for safety and effectiveness since the data is hidden from companies and researchers. These data safety monitoring boards take a peek at the interim results at pre-determined milestones, such as after a certain number of people have become infected. If the vaccine is looking significantly better than the placebo, the companies can apply for emergency use, and the study may be halted or continue to its intended conclusion. A trial can also be halted if the panel determines the vaccine to be unsafe.

Will regulators ensure a vaccine is safe before making it available to the public?

The U.S. Food and Drug Administration has said it will not approve a vaccine unless it is both effective and safe. Earlier this month, it added more stringent safety guidelines for U.S. vaccines. The FDA wants developers to follow trial subjects for at least two months after they receive their final vaccine dose to check for any side effects that may crop up. The agency will consider an emergency use authorization (EUA) once that data is collected from at least half of the trial’s participants. The UK Medicines and Healthcare products Regulatory Agency will review the vaccines for the UK and the European Medicines Agency will review vaccines for European Union use.

When will regulators decide?

Regulators will review the vaccines after the companies have enough data to submit applications seeking an EUA or formal approval. Moderna’s first look at data is more likely to come next month. AstraZeneca could provide a look at late-stage data in November. Pfizer/BioNtech said it may have data as early as October, but that it would wait for safety data it expects in the third week of November to file with U.S. regulators.

Regulators for Europe and Canada are considering data on a rolling basis, as it becomes available. The UK and the United States both expect speedy reviews of initial data for possible emergency use before more traditional lengthy reviews for formal commercial approvals.

Could these be the first approved coronavirus vaccines?

Yes, although China and Russia are on a similar timeline. China launched an emergency use program in July aimed at essential workers and others at high risk of infection that has vaccinated hundreds of thousands of people. At least four vaccines are far along including from China National Biotec Group [CHNAPF.UL] (CNBG), CanSino Biologics <6185.HK> and Sinovac. Sinovac and CNBG have said to expect early trial data as soon as November. Russia’s Gamaleya Institute has begun a 40,000-person late-stage trial and is expected to have early data at the end of October or early November. Russia has also given the vaccine to at least hundreds of “high-risk” members of the general population.

Is U.S. authorization up to President Trump?

The FDA must make sure that the benefits of a vaccine outweigh the risks before authorization since they are intended to be given to hundreds of millions of healthy people. However, the U.S. Department of Health and Human Services (HHS) has the authority to override the FDA’s recommendation. President Donald Trump has complained about the new safety guidelines, which delay any vaccine availability until after the Nov. 3 presidential election at the earliest. The Trump administration can hire and fire HHS officials, opening the possibility of political pressure to approve a vaccine.

(Reporting by Carl O’Donnell in New York; Additional reporting by Julie Steenhuysen in Chicago, Michael Erman in New York, Ludwig Burger in Frankfurt, Alistair Smout in London and Polina Ivanovo in Moscow; Editing by Caroline Humer, Bill Berkrot and Frances Kerry)